How to serve a subpoena in Texas
Updated October 15, 2026 · General information, not legal advice. Rules quoted from the official Texas Rules of Civil Procedure; confirm current text and local requirements with the court.
A subpoena orders a person to testify at a deposition, hearing or trial, or to produce documents or things (Rule 176.2). In Texas civil cases, Rule 176 controls how subpoenas are issued, served and enforced. It is a separate rule from service of a citation on a defendant.
Who may issue a subpoena
Rule 176.4 allows (a) the clerk of the district, county or justice court, (b) "an attorney authorized to practice in the State of Texas, as an officer of the court," or (c) an officer authorized to take depositions, on request with a deposition notice. Under Rule 176.1 the subpoena must be issued in the name of "The State of Texas," state the case style and cause number, the court, the issue date, the person it is directed to, the time, place and nature of what is required, the requesting party and attorney, the text of Rule 176.8(a), and be signed.
Who may serve it
Rule 176.5(a): "A subpoena may be served at any place within the State of Texas by any sheriff or constable of the State of Texas, or any person who is not a party and is 18 years of age or older." That is broader than Rule 103 for citations, but a certified process server or constable is still a common choice because they document attempts and complete a professional proof of service.
How to serve it
- Personal delivery plus fees. "A subpoena must be served by delivering a copy to the witness and tendering to that person any fees required by law" (Rule 176.5(a)). Ask the issuing clerk or your attorney what witness fee applies, and have the server tender it at delivery.
- Party witnesses with counsel. "If the witness is a party and is represented by an attorney of record in the proceeding, the subpoena may be served on the witness's attorney of record."
- Distance limit. A person may not be required to appear or produce "in a county that is more than 150 miles from where the person resides or is served" (Rule 176.3(a)), with the deposition-notice exception noted in the rule.
- Organizations. When a subpoena for testimony goes to a corporation, partnership, agency or other organization and describes the topics "with reasonable particularity," the organization must designate someone to testify (Rule 176.6(b)). To find who accepts papers for a business, see serving an LLC or corporation.
Proof of service
Rule 176.5(b) requires filing either "the witness's signed written memorandum attached to the subpoena showing that the witness accepted the subpoena," or "a statement by the person who made the service stating the date, time, and manner of service, and the name of the person served."
Objections and protection
A person ordered to produce documents may serve written objections before the compliance date and need not comply with the objected-to part unless ordered (Rule 176.6(d)), and may move for a protective order (Rule 176.6(e)). The requesting party "must take reasonable steps to avoid imposing undue burden or expense on the person served" (Rule 176.7).
Enforcement
Failure to obey without adequate excuse "may be deemed a contempt of the court from which the subpoena is issued or a district court in the county in which the subpoena is served, and may be punished by fine or confinement, or both" (Rule 176.8(a)). But no fine or attachment is allowed without an affidavit that "all fees due the witness by law were paid or tendered" (Rule 176.8(b)). That makes a clear record of the fee tender essential.
Getting it served
Estimate costs with our process service cost estimator, then find a server in Harris, Dallas, Tarrant, Bexar or any Texas county. Process servers can list their business to receive subpoena work.
Quick answers
Who can serve a subpoena in Texas?
Rule 176.5(a): "any sheriff or constable of the State of Texas, or any person who is not a party and is 18 years of age or older." A JBCC certification is not required for subpoenas, though many people use certified servers for their documented returns.
Can a Texas subpoena be served by mail?
Rule 176.5(a) says a subpoena "must be served by delivering a copy to the witness and tendering to that person any fees required by law." If the witness is a party represented by an attorney of record, it may be served on that attorney.
How far can a subpoenaed witness be made to travel?
Under Rule 176.3(a), a person may not be required to appear or produce documents "in a county that is more than 150 miles from where the person resides or is served," subject to an exception for deposition notices to parties under Rules 199.3 and 200.2.
What happens if a witness ignores a subpoena?
Failure "without adequate excuse" to obey a served subpoena may be deemed contempt and punished by fine or confinement, or both (Rule 176.8(a)). A fine or attachment requires an affidavit that the witness fees were paid or tendered (Rule 176.8(b)).
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Disclaimer: This guide is general information, not legal advice, and TX Server Finder is not a law firm. Rules and fees change; check the official sources below and consult a Texas attorney about your situation.